Solicitor appointed executor of the will

[supershred12]

Hello
My parents passed away within 4 months of each other and for some reason mum had the solicitor that made her will as the executor. I have no idea why she did this and the solicitor would not renounce the executorship. Long story short there is no money, she only left her house and the little insurance policy my mum had to cover her funeral has basically gone in the solicitor's pocket. They now want me to sign an indemnity form or will not transfer the property to me. They don't explain anything and just keep asking for more money. Every time they are in contact it's more money I have to spend and I don't have anything left in my savings. Please can someone advise me on what to do?

[Pezza54]

Hi
Welcome to LB

As a main beneficiary you are legally entitled to ask the executor solicitor for a detailed cost breakdown of the estate accounts including his fees

Also request a copy of the fee agreement that was arranged when your mother had him draft her will and be named in the will as sole executor

Do you intend to sell the property, rent it or live in it?

What does the indemnity state?

[supershred12]

Hiya, thanks so much for replying.

I am going to live in the house as it's not in a fit state to either rent or sell at the moment..
I was given the fees schedule at the time of contacting them to inform them of my mother's passing. After they told me they would not renounce the executorship due to grief and not really knowing what the process is, I just accepted it. I feel like they have just taken advantage of me.
The will and and the accompanying letter from the solicitor back in 2017 letter just confirmed the cost of preparing the will and has no information or follow up as to what happens after death, in terms of costs etc.
The indemnity form is to protect the solicitor in respect of any claims against him if he transfers the property to me before the end of May 2025.

[Pezza54]

The solicitor won't wait long for his fees so if you are not going to sell the house straight away (you could by auction - whatever the state it's in), you need to raise funds for his fees somehow.
If you decide to live in the house and intend to carry out repairs and improvements you should keep all invoices and receipts for labour and materials. If you don't live in the house for minimum 2 years transferring utilities in your name, bank accounts etc to this address, you may be liable for CGT when you sell the house. You can deduct the cost of repairs and improvements from any increase in the value of the property

[supershred12]

So I should sign the indemnity?

[PallasAthena]

Please post on here the full wording of the indemnity (after covering up any details or reference numbers that could identify you).

You say "claims against him if he transfers the property to me before the end of May 2025". What is the significance of specifying May 2025?

[Pezza54]

Are you aware of any potential beneficiaries that may have a genuine claim against your mother's will?
If not and the solicitor has followed the terms of the will, I can't think of a reason why you shouldn't sign it
Other forum members may take a different view, pointing out possible repercussions of signing the indemnity

[supershred12]

My parents owned a property as tenants in common, however my father left his 50% of the property to my mother. He died in May. My mother was executor of his will and she then died in August. The solicitor asked me if a claim could be made against my father's will and I said no, plus there is nobody that would make a claim against my mother's will. If I sign it, what happens next? How long does it take for a transfer of the name on the property? I really just want my interactions with these people to be over.

[Pezza54]

I have just read that last May there were delays at the Land Registry and a straight forward transfer of property title was taking 2 to 4 months
I am unsure of the current situation at the LR

[supershred12]

Thanks for your help